For the first time, lawyers for James Holmes have admitted he killed 12 people and wounded dozens more at an Aurora, Co., movie theater last summer, but they say he was “in the throes of a psychotic episode” at the time, reports the Denver Post. Holmes has pleaded not guilty by reason of insanity to 166 counts of murder, attempted murder and other offenses. This week’s motion is the first time Holmes’ attorneys have explicitly said he committed one of the worst mass shootings in American history. Holmes’ attorneys also criticized Judge Carlos Samour’s decision that Holmes must be tethered to the floor during his trial. They say Holmes has “never once presented as anything other than compliant and well-behaved” during court appearances. Samour’s order, Holmes’ attorneys argue, is “incorrect, troubling and inhumane.” Holmes is believed to be undergoing a court-ordered mental-health evaluation as part of his insanity plea. His trial is scheduled to start in February. Prosecutors seek the death penalty.